Sabin vs State of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 12TH DAY OF MAY 2023/22ND VAISAKHA, 1945 BAIL APPL. NO.10635 OF 2022 CRIME No.245/2022 OF THE KORATTY POLICE STATION IN THRISSUR DISTRICT PETITIONERS/ACCUSED Nos.4 & 6: 1 SABIN, AGED 33 YEARS, S/o.BENNY, KANJIRATHINGAL HOUSE, VYPIN VALAPPU, MALIPPURAM, ERNAKULAM., PIN - 682511. 2 PREMKUMAR, AGED 34 YEARS, S/O.RAVINDRAN, PUNNATHARA HOUSE, PUTHUVAYPU, ERNAKULAM., PIN - 682508. BY ADVS. ASHIK K.MOHAMED ALI MUHAMMED RIFA P.M. NIZAMUDHEEN P. RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY THE INSPECTOR OF POLICE, KORATTY POLICE STATION, THRISSUR DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031. BY ADV. SRI.P.G. MANU, SR.PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

2. Petitioners are accused Nos.4 and 6 in Crime No.245 of 2022 of Koratty Police Station registered alleging commission of offences punishable under Sections 20(b)(ii)C and 27A read with Section 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 34 of Indian Penal Code 1860.

3. The prosecution allegation is that accused Nos.1 to 3 transported a total quantity of 10.730 Kilograms of Hashish oil for the purpose of sale through the Thrissur-

Angamaly road on 02/03/2022. The specific allegation is that the 1st accused is the owner in possession of cars bearing Registration Nos.KL08- Y-2626 and TN-32-U-4199, and the 2nd and 3rd accused were the drivers of the respective cars. 1.638 kgs of hashish oil was recovered from the car bearing registration No.KL-08- Y-2626 and 8.992 kgs was recovered from the car bearing registration No.TN-32-U-

4199. Accused nos.1 to 3 were arrested on

4. The petitioners were arrested on the basis of the statement of the co-accused under

   Section       67     of     the         NDPS     Act.       The     only
   allegation         against      the      petitioners        are     that
   they     financed      for      the      offence.        Petitioners
   were     arrested         on    07/08/2022            and     are     in

judicial custody.

5. Learned Public Prosecutor seriously

opposed the application for bail mainly contending that commercial quantity of contraband was seized in the present case. The Learned Public Prosecutor further submits that

   the    charge          sheet      is    already          laid.        The
   allegation        against      the     petitioners         are     that
   they    had      monetary      transactions          with       the   7th
   accused       through       the     bank      account.          Learned
   public      prosecutor         further       submits       that       the
   petitioners         are    not     involved         in    any     other

crime and that accused nos.1 to 3 are already released on bail.

6. The contraband was seized from the

   possession          of    accused        nos.1       to     3.        The
   allegation        against      the     petitioners         are     that
   they       had    monetary        transactions           with    other
   accused.         The     petitioners         have    no     criminal

antecedents and that accused nos.1 to 3 are now on statutory bail. The petitioners are in custody from 07.08.2022 onwards and the final report has already been laid. Considering the role attributed to the petitioners and also taking into consideration the fact that the petitioners have no other criminal antecedents, and accused nos.1 to 3 against whom serious allegations are raised are on statutory bail and that the charge sheet has been laid, I am inclined to grant bail to the petitioners on the following stringent conditions.

(i) The petitioners shall execute a

bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the Jurisdictional Court; (ii)The petitioners shall appear before the investigating officer in Crime No.245 of 2022 of Koratty Police Station on every first Saturday at 11.00 a.m. till the completion of the trial;

(iii) The petitioners shall not attempt to influence or intimidate any witness in Crime No.245 of 2022 of Koratty Police Station;

(iv) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating Officer in Crime No.245 of 2022 of Koratty Police Station may file an application before the jurisdictional Court, for cancellation of bail. Sd/- P.G. AJITHKUMAR, JUDGE WW APPENDIX OF BAIL APPL. 10635/2022 PETITIONERS’ ANNEXURES: ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.245 OF 2022 OF THE KORATTY POLICE STATION. ANNEXURE A2 TRUE COPY OF THE ORDER DATED 19-09-2022 OF THE HONOURABLE SESSIONS COURT, THRISSUR IN CRL.M.P NO.2820 OF 2022 OBTAINED FROM THE E-COURT PORTAL.